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Home , Affinity (sociology), Labour law

an alliance of employers’ worldwide

overview spain 2019-2020 Suárez de Vivero / Proud Member of L&E GLOBAL

www.leglobal.org table of contents.

I. General overview 01 II. PRE-EMPLOYMENT CONSIDERATIONS 03 III. EMPLOYMENT 05 IV. working CONDITIONS 06 V. Anti- 08 VI. Social Media and Data Privacy 10 VII. Authorisations for Foreign EMPLOYEES 12 VIII. Termination of Employment CONTRACTS 13 IX. Restrictive Covenants 18 X. TRANSFER OF UNDERTAKINGS 20 XI. UNIONS AND EMPLOYERS ASSOCIATIONS 21 XII. 25

an alliance of employers’ counsel worldwide i. general overview

1. Introduction

As is the case in other European countries, Spanish labour law is very comprehensive and provides significant protection for employees. The labour law regulates individual and collective relationships between employees and employers, the scope of which extends to other related areas such as Social Security, health and safety at work, special employment relationships and .

Royal -law 3/2012 of 10 February, on urgent 2. Key Points measures to reform the labour market, significantly modified the institutional framework of Spanish • Non-EU citizens must obtain a work permit. labour relations. • In principle, employment contracts are presumed to be for an indefinite term. However, there are The main sources of Spanish employment law are: a limited number of fixed-term employment contracts. • The Spanish dated December 17, • Minimum working conditions are principally 1978. set out in the Workers and applicable • Royal Decree 2/2015 on Statute of Workers. collective agreements. • Royal Decree-law 3/2012 of 10 February, on • Employment contracts are automatically urgent measures to reform the labour market. transferred with the to the new • Law 3/2012 of 6 July 2012 on urgent measures to employer. Employees’ rights and obligations are reform the labour market. also transferred. • Royal Decree-law 16/2013 on measures to • Termination can be based on objective grounds. improve hiring. • Dismissals are void if the termination is • Law 5/2000 on Labour Infractions and Sanctions. discriminatory or involves protected employees. • Law 31/1995 on Work Risk Prevention. • Law 3/2007 on Equality between Men and 3. Legal Framework Women. • Royal Decree 8/2015 on Social Security. As is the case in other European countries, • Applicable Company . Spanish Labour Law (“the Labour Law”) is very • Employment . comprehensive and quite protective of employees. • Habits and Common Usage. The Labour Law regulates the individual and • General Principles of Law. collective relationships between employees and employers, the scope of which extends to other related areas such as Social Security, work place 4. New Developments safety, special employment relationships and The most important new during 2018 procedural law. has been the following:

The economic crisis of 2008 revealed the • The Spanish Data Protection Act 2018 (Organic unsustainability of the Spanish labour model. The Law for the Protection of Personal Data and labour legislation was updated in 2012 to adequate guarantee of digital rights) came into force on the itself in a of crisis within the labour market. 5th of December 2018. This adapts

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 1 Spanish law to the model established by the EU General Data Protection Regulation. • Royal Decree 17/2019, of the 35th of January introduces a new article (Article 70 bis) in the General Regulation on the quotes and liquidation of Social Security rights, to establish the responsibility of the different administrations and public entities.

• Royal Decree-Law 20/2018, of December 7, on urgent measures for economic competitiveness in the sector of industry and trade in Spain, allows the industry to apply the regulation of partial under the fulfilment of certain requirements.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 2 iI. PRE-EMPLOYMENT CONSIDERATIONS

the foreign legal entity. The legal representative 1. Does a Foreign will usually take care of the and the tax Employer need to payment of the employees. In order to have a legal representative, the Foreign Employer will need Establish or Work to give a power of attorney appointing someone as its legal representative, residing in Spain. This through a Local Entity POA must be validated by a public Notary or by to Hire an Employee? the Spanish consulate in the foreign country, stating that the Company is validly constituted in When a Foreign Employer wants to hire a local accordance with its applicable law, translated into Employee in Spain, it must take charge of all the Spanish by a sworn translator and with the Hague obligations related to the employee, such as the Apostille. Additionally, the obtainment of a Digital social security contributions and the income taxes. Certification will be compulsory. There are essentially two ways that a foreign company can hire employees in Spain. 2. Limitations on First, there is a possibility of setting up a Company Background Checks (subsidiary or branch) in Spain and hiring employees through it. The set-up process consists Information regarding criminal records is of establishing a fixed base of business in Spain, confidential and public disclosure is prohibited to develop an activity, and grant a Public as it could violate data protection . before the Public Notary. Tax laws require a legal Additionally, there is a general prohibition representative resident in Spain, as well as a Digital forbidding discrimination against any employee, Certification, in order to work with the Spanish Tax for any reason, either before or after being hired. Agency. The Company in Spain will have several This is specifically provided for in article 14 of the other obligations on the following services: Spanish Constitution, article 4.2 of the Workers’ Statute and article 73.2 of the General Penitentiary • Accountancy Law. • Corporate • Books of commerce and minutes In addition, access to the Central Registry of • Annual accounts Convicts will only be allowed for certain state • Payment of social contributions. agencies, and , as well as the judicial , when there is such a requirement. Second, in contrast to the first option and only Therefore, the employer cannot obtain such data when certain requisites are met, the foreign unless the candidates or the employees provide company may have a legal representative in Spain the data voluntarily. (representation office). The legal representative in Spain must be a Spanish resident (individual or The courts have understood that the request for Company) and it will be responsible for ensuring and use of this information are contrary to the compliance with taxes, and the social contribution legal provisions, considering that these practices system payments of the foreign company in represent a restriction on the access to the labour Spain, as these cannot be carried out directly by market. This is so, because in most cases the

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 3 information provided is related to past events that position of which the employer could take are entirely unrelated to the being offered, so advantage of. the Company’s request could be disproportionate for the intended purpose. Consequently, for However, in principle, it is indeed legitimate for Spanish Courts, the request for background checks the employer to use such information as long as during the selection process and the exclusion of it is public, unrestricted and available to anyone. a candidate due to the information obtained from There are no general guidelines that can be used them, could be discriminatory. to guarantee that the fundamental rights of the candidate will in no way be breached when As an exception to the general prohibition extracting information from social networks. mentioned above, there are certain sectors whereby there exists a legal obligation that The employer is allowed to ask any question entitles the employer to request and proceed necessary, provided that it is reasonable and with background checks. Among these sectors, objective, and pertains to the job being offered. we find the Public Administration, the State/Local For example, requests for a candidate’s minimum Police, the army, managing members of financial height and age could be necessary and objective institutions, agents, professionals who for a flight attendant position. work with minors and Casinos.

3. Restrictions on Application/Interview Questions

By a series of strict regulations and on the prohibition of any type of discrimination as well as a prohibition, as a general rule, on requesting candidates to submit personal data that is not directly related to the needs of the job they are opting for. Especially in the selection process, the general position prohibits requests for personal information such as racial or ethnic origin, sexual orientation, health information, religious beliefs, persuasions or political views. Personal information along such lines of inquiry can only be requested when the need to know of such convictions is objectively and reasonably related to the nature of the job. Moreover, such personal data may only be collected when appropriate, in a relevant and non- excessive manner, and only as it relates in scope to the specific, explicit and legitimate purposes for which the information was obtained.

Another question is whether there is a legitimate need that would allow for an employer or HR representative to investigate a candidate’s profile on social networks, in order to discover additional information about the candidate.

This is a matter that has not been regulated in Spain and therefore a candidate participating in a could find himself in a “vulnerable”

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 4 iII. EMPLOYMENT CONTRACTS

1. Minimum 2. Fixed-term/Open- Requirements ended Contracts

Generally, Spanish Labour Legislation allows In principle, employment contracts are presumed for freedom of form when making a contract. to be for an indefinite term. There are, however, Employment contracts can be verbal or in writing. a limited number of definite-term employment However, during the term of a verbal contract, agreements. If the employee continues to work either of the parties may require that the verbal past the original term of the temporary agreement, contract be reduced to writing. As an exception to the relationship becomes indefinite in time and the freedom of form, certain employment contracts the employee becomes entitled to the standard must be in writing, including, but not limited severance upon termination. to, temporary employment contracts, contracts involving special labour relations (such as those concerning , top managers or commercial 3. Period representatives) and part-time contracts. In the event that no special provision is contained Notwithstanding the general freedom of form in an applicable agreement, principle, when an ’s duration notice periods cannot exceed six months for period is greater than four weeks, the employer, workers with an academic degree and for any within two months from the commencement of other employees. However, the contract for the employment relationship, must provide the entrepreneurs has established a trial period of one employee the following information in writing: year.

• Identification of the parties to the employment • Date of commencement and estimation of the 4. employment duration for temporary contracts The Labour Law requires that a party seeking to • Place where services are going to be rendered terminate an employment agreement provide the • Professional group or category other party to the agreement with a minimum • Base as well as other compensation or of fifteen (15) days’ notice prior to termination. benefits, if any. This rule does not apply to interim contracts. The • Total working hours parties in the contract may agree upon longer • Total number of holidays notice periods. • Notice periods • Applicable collective agreement

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 5 IV. WORKING CONDITIONS

1. Minimum Working 4.

Conditions As a general rule, overtime hours are of voluntary acceptance by employees, with exceptions Employers and employees are free to negotiate made for specific individuals and an applicable the terms and conditions of their employment collective agreement. Structural overtime hours relationship. However, employees have various will be obligatory as they are meant to substitute minimum rights under the law, regardless of any unexpected leaves and meet higher production contrary language in their employment agreement. periods. These minimum working conditions are set forth in the Workers Statute and the applicable Collective Overtime hours can be compensated economically Agreement, among others. or with time for rest. If there is no agreement in this regard, it will be understood that the overtime hours must be compensated with resting time 2. Salary within the following four (4) months. An employee’s salary includes all amounts received According to , overtime cannot exceed by an employee in compensation for services eighty (80) hours per year. Those that have been rendered. Salary can be monetary or in kind, but compensated with periods of rest within the four the latter cannot be higher than 30% of the total (4) months following its completion will not be amount received by the employee. computed for this purpose. 3. Maximum Working In addition, there is a form of overtime that is considered as , wherein overtime Week is required due to the need to prevent or repair accidents, or other extraordinary and urgent The maximum working week is forty (40) hours damages. This type of overtime is mandatory for calculated as an average over a yearly period. the employees and will not be taken into account for the annual maximum limit. A collective agreement, or failing that, an agreement between the employer and employee representatives, may establish the irregular 5. Health and Safety in distribution of throughout the year. In the absence of agreement, the company the Workplace may distribute unevenly throughout the year, 10 percent of the workday. This distribution shall a. Employer’s Obligation to always respect the minimum daily and weekly rest Provide a Healthy and Safe periods. Workplace

The employer is guarantor of the health and safety in the workplace, and as such, it will need to take all necessary steps in order to protect its employees.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 6 The employer shall take the necessary measures b. Complaint Procedures to ensure that the use of the workplace does not create risks to the health and safety of its In addition to regulations, employees or, if this is not possible, so that these employees can file complaints, either during or risks are minimised. after employment. Some companies offer internal codes of conduct with procedures in this regard. The prevention of labour risks should be integrated Statutory law does not enforce a specific procedure in the general management of the company, to be followed, however. Besides internal through the implementation and application of a complaints before the Company, employees are plan for the prevention of labour risks. The essential entitled to report any violation of the law before instruments for the management and application of the Labour Inspectorate, which is an administrative the risk prevention plan is the of labour body meant to guarantee employment rights. risks and the planning of the preventive activity. All actions and claims carried out by employees in The process of assessing labour risks is aimed at protection of their rights are protected from any estimating the enormity of the risks by obtaining form of retaliation. Therefore, any claim registered the necessary information, so that the employer internally, or externally before third parties, is able make an appropriate decision regarding will effectively serve to protect employees from the need to take preventive measures, including retaliation. decisions regarding the types of measures that should be adopted. The evaluation should serve c. Protection from Retaliation to identify dangerous elements, the employees who could be exposed to such elements, and the magnitude of the risks. The protection from retaliation is the right of every employee to not be punished for raising complaints When the result of such an assessment reveals of discrimination or harassment, for participating situations of risk, the employer will then plan in legal proceedings or internal investigations, the appropriate preventive activity in order to or for having exercised any type of labour rights eliminate, control and/or reduce those risks. that affect them personally or affect a third-party. Retaliation can include any negative job action, A company’s Health and Safety Committee is an such as demotion, discipline, or salary internal body tasked with consulting on a regularly reduction. The consequence of any action taken basis the company’s actions in the field of risk by the company with the intention of a reprisal will prevention. It will be constituted in all companies make it null and void. or work centres that have 50 or more employees. The Committee will participate in the preparation, The protection from retaliation is framed in Article implementation and evaluation of risk prevention 4. 2 g) of the Worker’s Statute, which declares plans and programs in the company, as well as that workers have the right to exercise any actions promote initiatives on preventive methods and deriving from their work contract, as similarly procedures. defined in Article 24.1 of the Spanish Constitution, which establishes that “every person has the right In any case, employers must meet the minimum to obtain the effective protection of the Judges and request established by law regarding their the Courts in the exercise of his or her legitimate constructive conditions, order, cleanliness and rights and interests, and in no case may he go maintenance, signposting, service installations or undefended”. Case law has been modelling and protection, environmental conditions, lighting, constituting the case-by-case assumptions in sanitary and local respite services, equipment and which a worker is protected. However, not every first aid accommodations. claim will grant the employee a valid protection. Reckless or baseless claims with the sole purpose of searching for a specific type of protection will not be effective. There is a proper legal procedure to claim a violation of retaliation in protection of fundamental rights and public liberties.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 7 V. ANTI-DISCRIMINATION LAWS

1. Brief Description of 3. Protections Against Anti-Discrimination Harassment

Laws The employees are entitled to protection and respect of their privacy and due consideration The employees are entitled not to be discriminated for their dignity, including protection against directly or indirectly during their employment for harassment on the reason of racial or ethnic origin, reasons of sex, marital , age within the limits religion or belief, disability, age or sexual orientation establish by the law, racial or ethnic origin, social and against and gender based status, religion or belief, political ideas, sexual harassment. orientation, affiliation to a union or not, or for reason of language, inside the Spanish State. The harassment for reasons of racial or ethnic origin, religion or belief, disability, age or sexual The employees may not be discriminated against orientation employer or people working in the for reason of disability, provided that, they are fit company is considered a breach of contract. to perform the job in question. The employer could face a constructive claim for dismissal via article 50, which basically would entitle 2. Extent of Protection the employee to the same amount as an , if it brings to serious of Any direct or indirect discrimination included the harassment activities by the employer. This in regulatory provisions, clauses in collective claim can be complemented with an action for agreements, individual agreements, and unilateral moral damages against the company. decisions by employers shall be deemed null and void and could be subject to a complementary claim for damages. Among other causes of discrimination, 4. Employer’s are those for reason of age or disability handicap and in regarding remuneration, working hours and Obligation to other working conditions for reasons of sex, origin, including racial or ethnic origin, marital status, Provide Reasonable social status, religion or beliefs, political ideas, sexual orientation, membership or not of unions Accommodations and their agreements, links with other Spanish Labour Legislation requires the of workers in the company and language in Spain. internal rules in companies or centres that promote and stimulate the elimination of disadvantages or The decisions of the employer that involve general situations of discrimination against persons unfavourable treatment of employees as a reaction with disabilities, including reasonable adjustments. to a complaint or to any legal proceedings aimed at enforcing compliance with the principle of equal Employers are required to take appropriate treatment and non-discrimination would also be measures for adapting the workplace and null and void. accessibility of the company, depending on the

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 8 needs of each specific situation, in order to enable specific measures favouring women to correct people with disabilities access to employment, situations of obvious inequality with respect to job progress and access to , unless such men. Such measures, which will be applicable measures would impose a disproportionate burden while the situation exists, must be reasonable and on the employer. proportional to the objective pursued in each case. In addition, throughout Chapter lll of said law, To determine whether a charge is excessive the equality plans are regulated. These regulations court will consider whether taken it is sufficiently establish that corporate equality plans comprise a remedied by measures, public grants or subsidies set of measures adopted after a diagnosis of the for people with disabilities. situation and designed to attain equal treatment and opportunities for women and men in a Spanish regulations oblige companies with more company. Equality plans will stipulate the specific than 50 employees to reserve a quota of 2% of equality objectives to be reached, the strategies their staff for disabled people. and practices to be adopted to attain them and the establishment of effective monitoring and 5. Remedies assessment systems. The elaboration and application of equality plans If an employee considers that the employment will be voluntary in all companies, apart from the relationship has been extinguished by any following cases in which they will be mandatory: discriminatory reason, he/she is entitled to judicially demand the protection of their labour rights. • companies with over two hundred fifty employees, When the employer’s decision to terminate • when mandated in the applicable collective a contract includes some of the causes of bargaining agreement, and discrimination prohibited by the Constitution or • when the labour authorities agree to substitute the law or had occurred in violation of fundamental the formulation and implementation of such rights and public freedoms of workers, the a plan for accessory penalties resulting from termination decision will be deemed null and void, penalty proceedings. and the employee will be entitled to reinstatement and -whenever proven- to moral damages as well.

6. Other Requirements

Firstly, the Organic Act 3/2007 of 22 March for Effective Equality Between Women and Men establishes the principle of equal treatment and opportunities for men and women. The central, regional and local governments will actively mainstream this principle in the adoption and implementation of their legislative provisions. Moreover, from time to time, the State Government will approve a Strategic Plan for Equal Opportunities covering all areas of its competence, which will include measures to attain the objective of equality between women and men and eliminate discrimination on the grounds of gender.

Secondly, article 11 of the same law regulates affirmative actions, stating that in order to ensure the effectiveness of the constitutional right to equality, public authorities will adopt

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 9 VI. SOCIAL MEDIA AND DATA PRIVACY

employer by written form, with a detailed policy on 1. Restrictions in the surveillance and control of the company’s Workplace and the use of social media tools during working hours. Although there is no need to seek approval In Spain, the new culture resulting from the with the employees’ representatives to implement development, implementation and use of new or negotiate such policies, some companies choose possibilities such as social media and other to negotiate directly with these representative technologies enabling mass dissemination of bodies, before communicating such policies to the information, is changing the way people relate to individual employees. each other in all fields. The working environment is no exception. Massive amounts of personal Therefore, if the employer considers the particular information are available to anyone wishing to use use of multimedia contents by its employees it, and companies are obviously not indifferent to detrimental to the company’s activities, the this valuable source of content, nor can they escape employer may within its responsibilities, issue the from this fast and ever-changing technological appropriate guidelines and instructions to regulate innovation that allows people to communicate the use of these tools and seek greater productive and share extremely detailed data at a much faster capacity from the employees, and even prohibit rate. The vast majority of regulations applicable to the use of social media at the work place. the multimedia content in Spain are driven by the Council and European Parliament. Thus, the measures used by the employer will be This European legislation is complimented by the assessed according to the principle of proportionality Courts of Social Case law. These elements meaning the measures to control the employee at have provided a set of principles and guidelines the workplace have to be justified, appropriate, making analogies between on-line and off-line necessary and balanced. According to a general worlds. Still, the wide-spread use of Social Media formulation, the principle of proportionality may and the speed at which it evolves has clearly be applied to conflicts between fundamental overtaken any attempt to keep pace using the rights. This is based on three types of test: first, if legal resources currently available to private users the application of the measure is able to achieve and companies in most of countries, and this is the objective ( of suitability); second, if it particularly true in Spain. is necessary and there is no other measure which is less aggressive (judgment of strict necessity); third, In spite of the need, Spain still lacks specific if it is balanced and obtains more advantages than regulation on the subject of using social media disadvantages for the general interest (judgment of in the employment context. Due to lack of well- strict proportionality). defined regulatory legislation, it has been up to the courts to solve conflicts between employer and a. Can the employer monitor, employees regarding their rights and duties for use access, review the employee’s of social media in connection with employment. electronic communications? There is no express legal prohibition for the employee not to use social media at the work Article 20.3 of the Workers’ Statute recognises place. Such a prohibition can be regulated by the the employer’s right to take the most appropriate

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 10 measures to control the work of their employees, company will be entitled to enforce the policy and so as long as they do not violate their fundamental sanction the employee whenever breached. rights. It is advisable to provide such policy to the European Court of and Spanish Courts employees at the beginning of their employment case law have established that when the electronic relationship, defining in first instance how social communication systems used by employees are media may or may not be used for private use, owned by the company, and therefore susceptible during working hours. Also, what non-confidential to being considered as work instruments and tools, company information can or cannot be posted by they may be subject to the employer’s control. the employees on social media sites, if any. This can However, for the monitoring of the electronic be included in the employee’s work contract. communications to be valid, the employer must comply with the following:

• establish guidelines on the use of these media, and inform the employees that the use of such devices is limited to professional tasks, and • warn or notify employees, in advance, of the possibility to control and monitor their electronic devices and the possibility to penalise them for improper use.

2. Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information

Without clear policies, it can be difficult to lawfully sanction employees for misuse of social media. The of Justice of Madrid accepted offensive statements posted on Facebook by an employee as evidence towards the appropriateness of the employer’s disciplinary action. The High Court found the dismissal of the employee to be fair because the company’s code of conduct explicitly permitting disciplinary measures for offensive or defamatory remarks made by employees against the company.

It is important to have a social media policy implemented by the employer and communicated to the employees, in order to control the use of company resources and tools and some courts in first instance consider that it is also necessary to include in such a policy that it may be used for disciplinary reasons against the employee. The

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 11 VII. AUTHORISATIONS FOR FOREIGN EMPLOYEES

Requirement for Foreign Employees to Work

Foreign employees from outside the European community, including self-employed individuals, must obtain an administrative authorisation, or work permit, to work in Spain. The work permit may be requested at the Immigration Bureau.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 12 VIII. TERMINATION OF EMPLOYMENT CONTRACTS

• Worker’s inability to adapt to technical change. 1. Grounds for • Layoffs based on economic, technical, Termination organisational and or productivity grounds. • Lack of attendance at work. In Spain, the following are grounds for termination: Mutual consent of the parties; Grounds established Given that labour courts are so restrictive in in the contract; Expiration of the contract term or accepting dismissal based on business grounds, this end of the specific job; Employee ; Death procedure is very seldom used, unless the grounds or permanent illness; Retirement of employee; are absolutely clear (e.g., ). Employer’s death, retirement or permanent illness; Force majeure that makes it impossible to continue b. Reasons for disciplinary rendering services; Collective dismissal based on dismissal objective grounds; Employee’s voluntary departure based on breach of contract by employer; Dismissal • Repeated and unjustified tardiness or lack of of employee. attendance at work. • Lack of discipline or insubordination. 2. Collective Dismissals • Verbal or physical offence towards the employer, other people working in the company or residing Terminations based on economic, technical . organisational or productivity grounds are deemed • Contravention of contractual good faith and collective when: misuse of trust. • Continuous and voluntary decrease of the • Ten (10) workers are affected in companies with worker’s normal or agreed performance. less than one hundred (100) workers. • Intoxication due to alcohol or drugs when causing • At least 10% of the employees are affected within a negative effect in work. a period of ninety (90) days in companies that • Harassment based on: race, religion, birth, have between one hundred (100) and three gender, age, disability, opinion, social condition, hundred (300) workers. and sexual orientation. • Thirty (30) workers in companies with three hundred (300) or more workers. c. Is severance pay required?

A disciplinary dismissal is one wherein the cause 3. Individual Dismissals is based on the employee’s behaviour, which constitutes a punishable offense. Disciplinary Termination can be based on objective grounds or dismissals must be communicated by a written disciplinary grounds. letter to the worker stating clearly and sufficiently the facts that motivate it and the date on which the a. Reasons for objective dismissal will take effect. dismissal A disciplinary dismissal does not entitle an employee • Worker’s incompetence to receive any compensation from the company. A

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 13 severance payment will only be required in cases agreed terminations), in the amounts described that involve a court ruling declaring the dismissal below. unfair. f. Calculation formula and d. Severance pay resulting basis for calculation from objective dismissal Severance compensation is calculated under The severance pay resulting from an objective two criteria: Seniority and daily salary. In case dismissal is a tax-free payment in the amount of of objective or unfair disciplinary dismissal the twenty (20) days’ salary per year of service, up severance will be calculated by multiplying the to twelve (12) months’ salary. If the dismissal is seniority by the daily salary and the days (20 in not correctly proven in court, the employee will case of objective dismissal/ 33 in case of unfair be entitled to the severance explained below for dismissal). unfair dismissals. The daily salary is calculated taking into consideration e. Severance pay resulting the twelve (12) last payments, and the company shall include all salary concepts. This also includes from disciplinary dismissal salary in kind and extra-hours. Only extra-salary concepts should be excluded. Therefore, bonus, If the dismissal is proven in court the employee is incentives and irregular payments are included. entitled to no severance. However, if the dismissal in deemed unfair by the or acknowledged Stock Options will be calculated for the severance as unfair by the company before the Conciliation under certain circumstances: Chamber or the Court, the relevant tax-free severance is thirty three (33) days’ salary per year In case of voluntary leave or disciplinary dismissal of service up to twenty four (24) months’ pay. declared fair, the employee will lose the right to include the stock options in the severance for However, this calculation must respect the dismissal. The has said that in the following: event the dismissal was declared unfair and was carried out a few months before options could be • For the period of seniority rendered before exercised, they will be included in the severance 12.02.12 (the day the labour reform was for dismissal. The same will occur in the event of approved) the employee is entitled to the death, disability and retirement, in which either the indemnity arising from calculation based on 45 employee or their heirs will be able to claim these. days per year of work with a cap of 42 months. In case of unfair dismissal, the employee will be • For the seniority as from 13.02.12 until entitled to exercise the right to stock options after termination date, the employee will be entitled the contract is terminated even if a “permanence to compensation based on 33 days per year clause” has been signed. of work with a cap of 24 months. The sum of both amounts will be the legally established compensation for the employee. 4. Separation

The maximum cap is now 720 days. However, Agreements when the calculation to determine the severance for dismissal before 12 February 2012 results in a a. Is a Separation Agreement number of days greater than 720, the cap will then required or considered best be 42 months. practice? Parties may agree to a lower or higher compensation. Higher compensations that exceed Termination of contracts based on mutual the ones described above will be subject to tax and consent does not entitle the employee to social security contributions (in case of mutually severance payments (unless specifically agreed)

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 14 or benefits. Should a severance beyond agreed severance payment, the final be agreed, it would be subject to taxes and social payments, and any other amounts, agreed upon. security contributions. To avoid the aforementioned, the general practice If no dismissal letter is given and both parties for companies is to dismiss the employee so that agree to mutually terminate the contract, income it is entitled to the legal severance and also to tax payments and social contributions will be due . Although this system is by the employee in the event that the contract used in a clear majority of cases by employers, a is terminated by mutual consent not only for the termination agreed by mutual consent that has the amount that exceeds that of an unfair dismissal, appearance of a dismissal (by giving a dismissal but for the whole severance paid. letter to the employee to get the severance free of taxes as well as unemployment benefits), is The company will have to take the whole severance unlawful and considered a . compensation and apply to it the employee’s existing tax % in his ordinary payroll. Likewise, it will b. What are the standard also contribute to the social security as explained provisions of a Separation above in section 3c “severance payment”. Agreement? If a mutually agreed termination (with no severance payment) is not correctly addressed, for example A mutually-agreed termination will only require a by not having a detailed termination agreement, simple agreement by both parties that puts an end with inclusion of a waiver clause, the employee to the employment relationship. may challenge the termination by filing a dismissal claim against the employer. In this case, if the In said agreement, we recommend the parties employee proves that the termination was really a include certain background that briefly explains the dismissal and not a mutually agreed termination, ground for termination, the agreed compensation the employer may be liable to pay the maximum and way and time of payment, a specific mention to severance explained for unfair dismissals. These gross and net amounts, and several other clauses amounts would then be free of taxes and the such as confidentiality, non-disparagement, waiver employee would be entitled to unemployment against future actions, and possibly a non-compete benefits. whenever appropriate. c. Does the age of the 5. Remedies for employee make a difference? employee seeking to challenge wrongful A mutual agreement may be reached between parties independent of the employee’s age. That termination said, we need to be careful of those separation agreements with employees near retirement An employee is entitled to appeal against any age, that are dressed as “dismissal letters”, as such dismissal. However, prior to file a claim to they could be subject to inspection by the state the Court, parties are required to try to reach an who will be in charge of paying said employees agreement before the , Arbitration and their unemployment benefits and subsequent Conciliation Service. retirement . When the employee files a claim before the court, d. Are there additional it will make one of the following judgments: provisions to consider? Fair dismissal - in which case, the employer will not be subject to any penalties or further In principle, the employee that signs a separation obligations towards the employee. agreement is not entitled to additional benefits Unfair dismissal - if the employee is successful

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 15 in his/her claim, three principal remedies are not an absolute protection, since dismissal in those available. The principal remedies are: cases is allowed if not motivated by reason of pregnancy or the exercise of the right to the above • reinstatement with financial award to cover lost mentioned leaves (dismissal for an objective cause remuneration; or and disciplinary dismissal). • an award of 33 days salary per year of service subject to a maximum of 24 months’ salary (see section 3c “Severance Payment”. 6. Whistleblower Laws

The choice of remedy, whether to make severance There is no specific employment legislation in place payments or to reinstate, is the decision of the that provides legal protection for . employer. However, in the cases involving the However, internal company policies usually provide termination a representative of employees will for protection as well regulate specific procedures be the representative who will have the choice of to report illegal practices. Internal policies must be remedy. implemented in accordance with what is established within the law and regulations. The most recent Null and void dismissal - a court will reform of the Criminal Code, which came into force declare the dismissal null and void (and will on 1 July 2015, introduced the need to have internal award the remedies described in 2. above) where prevention mechanisms and channels in order to a fundamental right of the employee has been reduce or avoid any potential criminal liability for breached during the course of the dismissal companies or their representatives. procedure, for example: Whistle-blower programs have also been • where the dismissal involves an element of regulated by the Data Protection Authority’s discrimination prohibited by the Spanish (“DPA) guidelines, in particular by the “Guide for Constitution or statute, or which otherwise Data Protection in Labour Relationships”. Usually, violates the employee’s fundamental rights; protection in an internal policy will be limited to • where the employer should have used the the company’s employees, which have a direct collective procedure; hierarchical relation with the company. • where the employer has dismissed any of the protected categories of employees and has not Outsourcing services, agency workers or justified the dismissal correctly. independent contractors do not fall under the organisational scope of the employer, but this does o Workers’ and representatives: if the not mean that they cannot be protected in case any worker is a workers’ legal representative or a breach needs to be violated. trade , there will be formal adversarial procedures during which the worker The reporting system must rely on wrongdoings and other members of the union to which he or she which could affect the contractual relationship belongs, may be heard. If the worker is a member between the companies and the incriminated of a trade union and the employer is aware of employee. There are some companies that have this fact, representatives of the corresponding created “ethical mailboxes” where an employee trade union must be heard in advance. Lastly, can report alleged breaches of the company’s in the event of collective dismissal, the workers’ internal code of conduct. The Company will need representatives have priority for remaining in the to ensure that its employees are well-informed enterprise. about this system, how it works and most importantly, how their privacy and confidentiality Pregnancy, of the contract due to concerning the information in the complaint will maternity leave, risk during pregnancy, or breast- be guaranteed. The reporting system is created feeding leave; adoption or fostering; family leave to uncover wrongdoings by other employees or to care for children or handicapped persons; and company officials, which could be considered a certain circumstances where female workers have breach of their contractual relationship. The main been victims of gender violence. This is however principle, however, is that confidential information

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 16 is only available to those people that are essential to the investigation of the complaint. The whistle- blower’s identity will only be revealed if he/she acted in bad faith. The accused person will need to be informed of the accusations against him, without further delay, and usually there will be a department responsible for the investigation and the rights concerning data protection, although this can be delegated to an external advisor, as well. The registered information will be destroyed within a maximum of two months after the end of the investigation if nothing comes out of it. If there is a legal case, the information can be retained as long as needed by the company.

The possibility of filing an anonymous complaint is generally prohibited, because there is a real need to identify the complainant and the accused party. Finally, the organ responsible for the investigation will need to inform the accused party regarding the protection and confidentiality of their personal information during all stages of the process, even upon its conclusion.

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an alliance of employers’ counsel worldwide 2019-2020 / spain | 17 IX. RESTRICTIVE COVENANTS

considered this restriction valid within the scope of 1. Definition of the non-compete clause as described above (2a). Restrictive Covenants c. Non-solicitation of Restrictive Covenants are bilateral agreements employees between the employer and the employee, and are used to protect key business information and Spanish Labour Legislation does not specifically ensure fair dedication to employees. It represents regulate this type of restriction, but case law has a limitation of the and the free choice considered this restriction valid within the scope of of or trade, so that any restriction of the non-compete clause as described above (2a). this constitutional right must be performed in compliance with all requirements established by labour law. Non-competition rights and obligations 3. Enforcement are regulated in the Statute of Workers. of Restrictive 2. Types of Restrictive Covenants—process Covenants and remedies a. Non-Compete Clauses If the employee breaches the non-competition agreement, he/she will be obliged to return the Non-competition agreements are intended to amount received for this concept and may be prevent an employee from working in a competing required to pay damages, should the company company or sector after upon termination of provide evidence of damage. employment. A non-compete obligation after termination of the employment contract, which In case of doubt when determining the amount of may not last longer than two years for technicians compensation to be returned, or refusal from the and six months for other workers, will only be valid employee to comply with the agreed payment as if the following requirements are met: compensation, the employer may appeal to a social court or an arbitrator (when specifically agreed) to • the employer has an effective industrial or determine said amounts. Likewise, the employee commercial interest in such non-compete can make a claim against the employer when the obligation, and agreed compensation was not paid although the • the employee is paid adequate economic non-compete clause remains in full enforceability. compensation. The clause itself could be declared void if the legal requirements explained above (2a) were not met. However, it is also possible to cancel the agreement b. Non-solicitation of if both parties agree to it. But it can never be customers cancelled or waived unilaterally.

Spanish Labour Legislation does not specifically regulate this type of restriction, but case law has

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an alliance of employers’ counsel worldwide 2019-2020 / spain | 18 4. Use and Limitations of Garden Leave

The term during which an employee remains on normal salary and is bound by his/her contract of employment, but at the same time requested by the employer not to attend the office or contact clients or customers, is usually used only on disciplinary procedures while the investigation takes place. The employer cannot, unless expressly referred to in the employment agreement, put the employee under garden leave, as they are not provided for statutorily. This is the reason why they may only be mutually agreed to within the scope of the employment contract.

In the event an employer puts an employee on garden leave without having regulated this possibility within the contract, it bears the risk of having the employee claim for lack of occupation, which ultimately may result in a court claim requesting a , on the basis of a severe breach of the employer’s duties for not procuring sufficient occupation.

Employers often use garden leave during an employee’s notice period to prevent the employee from having further access to customers, clients and staff and to prevent the employee from working for a competitor, but that is usually used in Spain when there is very serious evidence that there has been a gross misconduct from the employee.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 19 X. TRANSFER OF UNDERTAKINGS

1. Employees’ Rights in Case of a Transfer of Undertaking

Employees’ rights and obligations are subrogated to the new shareholder and maintained intact. This includes special benefits and retirement compensation that employees may be entitled to.

2. Requirements for Predecessor and Successor Parties

The Workers Statute requires formal notice to employees in the event of transfer of undertakings, including date or proposed date of the transfer, reasons for the transfer, legal, economic and social implications for the employees and any measures envisaged in relation to the employees.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 20 XI. TRADE UNIONS AND EMPLOYERS ASSOCIATIONS

• Right to choose employee representatives. 1. Brief Description • Right to participate in union activities. of Employees’ • Right to keep association preferences private and not communicate them to the employer. and Employers’ Associations 3. Types of

The Spanish Constitution grants unions the authority Representation to promote and defend the workers’ economic interests. It also empowers them to represent There are two types of employees’ representation: workers in collective bargaining and to participate individual delegates and works councils. Individual in the preliminary mandatory conciliation steps delegates represent workers in companies or before disputes can be presented to governmental worksites having up to fifty (50) workers. Where conciliation agencies. the company or the worksite has more than fifty (50) workers, workers will appoint a works council formed by the following number of members: 2. Rights and Importance of Trade a. Number of Representatives Unions • 50 to 100 workers: 5 members • 101 to 250 workers: 9 members and representation are • 251 to 500 workers: 13 members fundamental rights in the Spanish Constitution. • 501 to 750 workers: 17 members All employees (except senior executives, i.e., • 751 to 1000 workers: 21 members general managers) are represented by the elected • More than 1000 workers: 2 members for representatives. There is no distinction between every 1000 blue and white-collar representatives. It is the workers up to 75 employees’ duty to start the process of elections, members. and thus, the employer has no obligation to promote them. b. Appointment of

Freedom of association and representation include Representatives the following rights: The workers choose representatives when elections • Right to associate freely with any of the unions. are called. The vote is free and secret. This is a right, not an obligation. • Right to found unions without previous authorisation, (both nationally and internationally).

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 21 Through a free, individual, secret and direct 4. Tasks and suffrage, the workers shall choose their staff Obligations of representatives as follows: up to thirty workers: one; between thirty-one and forty-nine: three. Representatives The staff representatives shall jointly exercise vis- à-vis the employer the representation to which Works councils and delegates are entitled to they were elected, and shall hold the same powers preside over and organise assemblies, take legal established for the works councils. and administrative action and raise legal disputes. They are also entitled to overview and control the The employees are entitled to participate in the company’s fulfilment of its obligations regarding company on issues related to health and safety in safety, security, and any other regulations in force. the workplace. Health and Safety representatives are elected by and among staff representatives in Works councils and delegates are entitled to receive the field of the respective bodies of representation, information on the company’s performance, the and specialise in health and safety matters at work. market and particularly on employment. They Along with this, the Health and Safety Committee are entitled to consultation in situations affecting is established as the joint body together with a number of employees exceeding the threshold representatives of the employer being involved in (around 10% of workforce), namely relocation of a the same tasks. worksite, change of employment terms, collective redundancy or mass layoffs, mergers, etc. The works council is the representative and collegiate body of all the workers employed by the company or work centre in charge of defending 5. Employees’ their interests; it shall be established in each work Representation in centre with a register of fifty or more workers. Management A company that holds two or more work centres in the same province or neighbouring municipalities, Due to the principle of mutual trust between which register less than fifty workers but which, the employer and senior executives, the latter overall, total this amount, shall have a joint works cannot be eligible nor participate as electors in council. If certain centres have fifty workers and the employees’ representation for they (senior others in the same province do not, the former executives) cannot defend or represent opposite shall have their own works councils and another interests to those of the company. council shall be established with the remainder.

A CBA must establish the incorporation and 6. Other Types operation of a Joint Council (“Comité Intercentros”) up to a maximum of thirteen members, to be of Employee appointed from amongst the members of the Representative Bodies various councils. When incorporating a Joint Council, the trade union proportionality according The most basic form of collective representation to the election results taken as a whole shall be in Spanish employment law is known as maintained. Such Joint Councils may not take on “Personnel Delegate”, or “Staff Representatives”. other duties than those expressly granted in the Representation of the workers in a company or work CBA whereby their incorporation is agreed. centre with less than fifty and more than ten workers shall be entrusted to the staff representatives. There a. Number of Representatives may also be a staff representative in companies or centres that employ between six and ten workers, The number of members of the works council shall if so decided by the majority workers. be determined according to the following scale:

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 22 • Between 50 and 100 workers: 5 members. It shall also be entitled to receive information, at • Between 101 and 250 workers: 9 members. least each year, on the company’s application of • Between 251 and 500 workers: 13 members. the right of equal treatment and opportunities • Between 501 and 750 workers: 17 members. between men and women, to include data on • Between 751 and 1000 workers: 21 members. the ratio of women and men in the various • 1000 and above works: 2 per each thousand or professional categories and, if applicable, any fraction, up to a maximum of 75 workers. measures adopted to encourage the equal treatment of men and women in the company b. Appointment of and the application of any equal treatment plan. • To receive information on the balance sheet, Representatives profit and loss account, annual report and, if the company is a based on shares The collective representation structures are at the or participations, of any other documents request of employees. There is no obligation to put provided to the members, in the same conditions in place employees’ representatives. applicable thereto. • To receive information of the employment The election process may be promoted by: contracts and the notification of any renewals and contractual repudiations. • Most representatives unions of the sector. • To receive information on the very serious • Trade union organisations with a representation sanctions issued to employees. in the company of, at least, a 10%. • To be informed and consulted about all company • Employees by majority agreement. decisions that may imply relevant changes in terms of work organisations and contracts, and The works councils or work centre shall choose also concerning staff reduction plans. from amongst their members a chairman and secretary of the council, and shall draw up their own The works council is entitled to issue a report procedural regulations, which must comply with before the employer executes any decisions taken the law, a copy of which shall be sent to the labour on the following matters: authority, for its records, and to the company. • Staff restructuring and total or partial, final or All councils shall meet every two months or provisional removals of staff. whenever this is requested by a third of its members • A reduction in the working . or a third of the workers represented. • Total or partial transfer of employees to other premises. c. Tasks and Obligations of • Merging operations of the company that may Representatives imply any change whatsoever of the number of employees. • Plans for professional training provided by the A works council shall have the following company. powers, although it is understood that also staff • Implementation or review of work arrangement representatives will be entitled to the same rights: and control systems. • A study of working hours, a premium or incentives • To receive information, provided at least on a plan and the appraisal of work posts. quarterly basis, on the general performance of the economic sector to which the company belongs, To carry out the following tasks: on the current production and sales situation of the company, on the production and performance • To ensure the fulfilment of current labour, social forecasts for company employment, including security and employment rules, including any the employer’s forecasts on the execution of new other agreements, conditions and terms currently contracts, indicating their number and the forms applied by the company, filing any legal actions and types of contracts to be used, including part- that are necessary before the employer and the time contracts, the working of extra hours by competent bodies or courts. part-time workers and sub-contracting.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 23 • To supervise and control all safety and hygiene conditions in the execution of work at the company. • To ensure that the principle of equal treatment and opportunities between men and women is upheld and applied. • To participate, as determined in a CBA, in the management of any social projects established in the company to the benefit of the workers or their relatives. • To cooperate with the company management to procure the necessary measures to ensure the maintenance and increase in productivity levels, according to what is agreed in the CBAs. • To inform the represented workers of all the issues and matters described in this section 1, if they directly or indirectly affect employment relations. • To collaborate with the company’s management in establishing and starting up conciliation measures.

Any reports to be issued by the Council beyond the powers recognised above must be drawn up within a term of fifteen days

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 24 XII. EMPLOYEE BENEFITS

Paternity leave is a subsidy given to workers who 1. Social Security suspend the work contract or cease their activity during the legally established days, on the occasion The legal framework for social security is derived of the birth of a child, adoption or fostering. This primarily from the Social Security Act 1/1994. permit is regulated in article 48 of the Workers’ In Spain, the Social Security’s national insurance Statute and in the General Law of Social Security. contributions cover: Article 48 of the Workers’ Statute used to provide • Common contingencies, these contributions for a 13 day uninterrupted paternity leave. cover the situations included in the Social However, this article suffered a legislative change Security’s general regime. and from the 1st of January 2017 the permit has • Professional contingencies cover expenses been extended to 28 days. Subsequently, this resulting from labour accidents and occupational article underwent another change in 2018, and diseases. from the 5th of July the permit has increased to • Overtime. five (5) weeks. Nowadays, paternity leave is divided • Other concepts such as unemployment, training between births before the 5th of July 2018 and or the Guarantee Fund. those after this date. Paternity for births prior to the 5th of July 2018, will last four (4) weeks, and 2. Healthcare and those born after the 5th of July 2018 will be entitled to five (5) weeks. c. Sickness Leave The Social Security offers public medical care to all affiliated workers. Temporary Disability Benefits are daily subsidies that cover the worker’s loss of income due to any 3. Required Leave sickness such as common diseases or non-work- related injuries, occupational diseases or work- related injuries. The maximum duration of the a. Holidays and benefit is 365 days, but it can be extended for a further 180 days if, during this period, the person is Employees are entitled to a minimum of thirty (30) expected to be cured. days of paid vacation per year. This can be improved by contract or collective agreement. In addition, In case of common diseases, the worker’s there are fourteen (14) public nonworking days per beneficiaries must have been affiliated in the year, which may differ slightly by region. Social Security scheme or be able to prove to have covered a 180-day contribution period in b. Maternity / Paternity Leave the preceding 5 years. In case of injuries, whether work-related or not, and occupational diseases, Maternity leave lasts sixteen (16) uninterrupted previous contributions are required. The contents weeks. The must take six (6) of these full- and amounts of these benefits are the following: time weeks right after birth. The remaining ten (10) can be exchanged for twenty (20) weeks of part • in case of common diseases and non-work- time work if the employee reaches an agreement related injuries the amount will be 60% of the with the employer. base rate from the 4th day of leave until the 20th, inclusive, and 75% from the 21st day onward.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 25 • in case of occupational diseases or work-related • For the indispensable time required to undergo injuries the amount will be 75% of the base rate pre-natal check-ups and childbirth preparation for benefits from the day following the date of techniques that have to occur during the working leave from work. day. d. Disability Leave 4. : Mandatory In the case of disability of the child or the adopted and Typically Provided child or foster care child, the suspension of the contract for maternity leave will have an additional Retirement pensions are included in all Social duration of two weeks. Whoever, for reasons of Security regimes and are for life. The conditions to legal custody, needs to be in charge of the direct obtain a pension are: care of a child under twelve years of age, or a person with a physical or sensorial disability who • having turned sixty-five (65) years of age (there does not perform any paid activity, shall have the are exceptions - it could gradually change from 65 right to a reduction of their working day, with the to 67 years old if it attests 38,5 of contribution). proportional decrease in salary between, at least, • having paid national insurance contributions for a an eighth, and at most, half of its duration. Workers minimum of fifteen (15) years. At least two years shall also have the right to a leave of not more than of contributions must have taken place within the two years, unless a greater period is established fifteen (15) years prior to retirement. by collective bargaining, in order to attend to the care of a family member up to the second degree of consanguinity or who, for reasons of age, accident, illness or handicap, cannot fend for him/ Iván Suárez, Partner herself and who does not perform any paid activity. Suárez de Vivero [email protected] e. Any Other Required or (+34) 932956000 Typically Provided Leave(s)

The Worker’s Statute recognises in article 37 the following benefits:

• Fifteen calendar days in case of . • Two days for the birth of a child and for the death, accident or serious illness, hospitalisation or surgical operation without hospitalisation, but requiring home rest, of relatives up to second degree of consanguinity or affinity. Should the worker need to travel for this purpose, the interval shall be four days. • One day for change of domicile. • For the indispensable time required to comply with an inexcusable duty of public and personal character, including the exercise of active suffrage. Where a specific period is reflected in a legal or conventional norm, such provision shall be respected as regards the duration of the absence and its economic compensation. • To perform union or personnel representation functions under the terms legally or conventionally established.

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 26 SUÁREZ DE VIVERO L&E GLOBAL spain

Suárez de Vivero is a leading in Spain Contact Us specialised in employment law, employee benefits, For more information about L&E Global, or an initial pensions and social security. Since its origin in 1975, consultation, please contact one of our member it has focused on offering its clients a wide range of firms or our corporate office. We look forward to legal services concentrating mainly on negotiation, speaking with you. litigation and company restructuring, and other non- juridical areas closely related to the labour aspects of L&E Global a Company, such as economical and organisational Avenue Louise 221 engineering. The firm’s Partners are recognised for B-1050, Brussels their comprehensive expertise by industry insiders Belgium such as and Partners, The Legal 500 and +32 2 64 32 633 The International Who’s Who of Management Labour www.leglobal.org & Employment Lawyers, among others.

This memorandum has been provided by:

Suárez de Vivero Torre Inbisa, Planta 15-D Plaza Europa 9-11 08037, Hospitalet de Llobregat Barcelona, Spain P +34 93 295 60 00 www.bufetesuarez.com

employment law overview

an alliance of employers’ counsel worldwide 2019-2020 / spain | 27 an alliance of employers’ counsel worldwide

This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication. The content is based on the law as of 2017.

L&E Global CVBA is a civil company under Belgian Law that coordinates an alliance of independent member firms. L&E Global provides no client services. Such services are solely provided by the member firms in their respective . In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms.

L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein shall be construed to place these entities in, the relationship of , subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm in any manner whatsoever.

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